sec.109Assessment process

### sec.109 Assessment process To assess a person, the chief executive must— obtain relevant information under division 4 ; and assess the person’s suitability on the bases stated in division 5 ; and prepare a preliminary report about the person’s suitability; and give to the person— a copy of the report; and a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and after considering the person’s response, if any, decide whether the person is suitable. See division 6 for the steps following the chief executive’s decision. If, in the course of carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied there is an unacceptable risk mentioned in section 121 , the chief executive must prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 . If, in carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied the person is unsuitable on any of the other bases stated in division 5 (for example, because the person does not have the health required under section 122 ), the chief executive may prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 . The chief executive must comply with subsection (1) (d) and (e) even if the scope of the assessment is limited under subsection (2) or (3) . (sec.109-ssec.1) To assess a person, the chief executive must— obtain relevant information under division 4 ; and assess the person’s suitability on the bases stated in division 5 ; and prepare a preliminary report about the person’s suitability; and give to the person— a copy of the report; and a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and after considering the person’s response, if any, decide whether the person is suitable. See division 6 for the steps following the chief executive’s decision. (sec.109-ssec.2) If, in the course of carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied there is an unacceptable risk mentioned in section 121 , the chief executive must prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 . (sec.109-ssec.3) If, in carrying out the assessment mentioned in subsection (1) (b) , the chief executive is satisfied the person is unsuitable on any of the other bases stated in division 5 (for example, because the person does not have the health required under section 122 ), the chief executive may prepare a preliminary report stating that the person is unsuitable without any further assessment under division 5 . (sec.109-ssec.4) The chief executive must comply with subsection (1) (d) and (e) even if the scope of the assessment is limited under subsection (2) or (3) . - (a) obtain relevant information under division 4 ; and - (b) assess the person’s suitability on the bases stated in division 5 ; and - (c) prepare a preliminary report about the person’s suitability; and - (d) give to the person— (i) a copy of the report; and (ii) a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and - (i) a copy of the report; and - (ii) a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and - (e) after considering the person’s response, if any, decide whether the person is suitable. - (i) a copy of the report; and - (ii) a notice inviting the person to give the chief executive, within a stated period of at least 28 days, a written response to the report, including corrections or comments about the matters stated in the report; and